Ex-Liberal staffer Bruce Lehrmann has denied encouraging Brittany Higgins to get drunk at a bar and then raping her while he was “sweaty and grunting” on a federal minister’s couch.
Facing questioning for the third day in his defamation case against Network Ten and journalist Lisa Wilkinson, Lehrmann was asked about attending Parliament House with Ms Higgins in the early hours of March 23, 2019.
CCTV footage played to the Federal Court shows the pair entering the office of then-defence industry minister Linda Reynolds where the alleged sexual assault occurred.
“You had sexual intercourse with Ms Higgins on the couch in Minister Reynolds’ office?” asked Ten’s barrister Matthew Collins KC during cross-examination on Friday.
“I did not,” Lehrmann replied.
The denials continued after Dr Collins suggested the former tobacco lobbyist had been “rough and forceful” as Ms Higgins was passed out during the alleged sexual assault and he had been “sweaty and grunting” as she regained consciousness partway through.
“None of this happened, Dr Collins,” Lehrmann said.
“Did you at any time seek Ms Higgins’ consent to have sexual intercourse with her?” Dr Collins asked.
“I didn’t have sexual intercourse with her,” the law student replied.
Earlier in the day, Lehrmann watched CCTV footage from Canberra bar The Dock taken hours before the alleged rape.
Lehrmann was seen twice buying drinks for Ms Higgins and separately placing a glass of alcohol in her hands and arranging three drinks before her on the table.
“You were encouraging Ms Higgins to get drunk?” Dr Collins asked.
“No,” Lehrmann replied.
Lehrmann was unable to say why he told the court on Wednesday that he had not bought drinks for anyone else at The Dock other than one round of beers for a friend.
“I must have been confused about where we were,” he told Justice Michael Lee.
Leaving The Dock just after midnight, the group moved to ’80s-themed nightclub 88mph.
Lehrmann said that while there he engaged in “very minimal” flirtation with Ms Higgins and denied seeing her stumble and graze her knee.
He also rejected claims he had touched her leg or pashed her while in a booth, or had seen her trip on the stairs outside.
Earlier, Lehrmann admitted he gave a false account to police about why he and Ms Higgins returned to Parliament House on the night she was allegedly raped.
Three days after the alleged sexual assault, during a meeting with Senator Reynolds’ then-acting chief of staff Fiona Brown over a “security incident” on the weekend, Lehrmann said he returned to the office to have two glasses of whiskey.
During an April 2021 interview with federal police, he denied that drinking whiskey was the excuse he gave to Ms Brown about his after-hours return to Parliament House.
“Those answers to the Australian Federal Police were false?” Dr Collins asked.
“Yes,” Lehrmann replied.
“And you knew them to be false?” Dr Collins asked.
“Not at the time,” Lehrmann said.
He is suing Ten and Wilkinson for defamation over a February 2021 report on The Project featuring an interview with Ms Higgins about the alleged sexual assault.
Lehrmann has settled separate defamation proceedings he brought against News.com.au and the Australian Broadcasting Corporation over their reports about Ms Higgins’ allegations.
In 2022 Lehrmann, who has always denied raping Ms Higgins, faced a criminal trial in the ACT Supreme Court which was derailed by juror misconduct. Prosecutors did not seek a second trial because of concerns about Ms Higgins’ mental health.
A landmark report into the ACT legal system and the Higgins case released in August made damning findings against now ex-director of public prosecutions Shane Drumgold regarding his conduct during the case.
Lehrmann has separately been accused of raping another woman twice in Toowoomba in October 2021.
That criminal case is still in the committal stage and he is yet to enter a plea, but his lawyers have indicated that he denies the charges.
